Alternative dispute resolution: complaints.

The California Constitution provides that on stipulation of the parties litigant the court may order a cause to be tried by a temporary judge who is a member of the State Bar, sworn and empowered to act until final determination of the cause. Existing law expresses the findings and declarations of the Legislature that the peaceful resolution of disputes in a fair, timely, appropriate, and cost-effective manner is an essential function of the judicial branch of state government under Article VI of the California Constitution, and that many disputes can be resolved in a fair and equitable manner through processes that are less formal than litigation culminating in a trial. Existing law requires specified parties to engage in mediation or arbitration prior to filing an action in specified civil proceedings. Existing law, the State Bar Act, provides for the licensure and regulation of attorneys by the State Bar of California, a public corporation governed by a board of trustees. The act provides for the investigation and discipline of members of the State Bar. The California Rules of Professional Conduct govern attorney conflicts of interest. This bill would require a dispute resolution neutral, as defined, or an alternative dispute resolution, as defined, provider who receives a complaint against the dispute resolution neutral alleging that they violated a provision of any applicable rule of conduct, as specified, in the course of presiding over an alternative dispute resolution proceeding to submit a report to the State Bar of California, as specified, and provide the complainant with written information regarding available procedures for notifying the State Bar of California, as specified. If the complaint arises from a mediation or arbitration, the bill would require that written information to include a notice with specified language.